The suspect, Brian Luster, called 911 to tell them he believed he was suffering from an overdose. Dispatchers heard him arguing with Sidberry. When officers arrived on scene, they found Luster choking the 15-year-old Sidberry and she "screamed at the officer that she had been shot."
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Sidberry "managed to push the 18-month-old into a closet and attempted to shield the decedent with her body." She "sustained 7 gunshot wounds but survived her injuries."
The newly released autopsy found that Khloe Fennell was shot five times in the incident.
A 9mm handgun was recovered from the scene.
SEE ALSO | 'Not supposed to be there.' Khloe Fennell laid to rest, community pleas for end to gun violence
Funeral held for 5-year-old Khloe Fennell
What happened
Sidberry was babysitting her two little cousins when investigators say 42-year-old Brian Luster came in and opened fire. He is Destiny's cousin as he is to 5-year-old Khloe Fennell who did not survive.
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Destiny threw herself into the gunfire to shield Khloe and their 1-year-old cousin Amir, who was unharmed.
Teen recovering after being shot while shielding cousins
Destiny is the youngest of three and goes to Jordan High School. She loves to dance, but her real passion is children and she hopes to open a daycare one day.
"The fact that she's still here, and the fact that she risked her own life to save her cousins is just amazing," Destiny's mom, Keedrah, said. "Most people wouldn't have jumped in front of one bullet."
Suspected shooter
Durham Police said Brian Luster was the man pulling the trigger when Khloe Fennell, 5, who was at home on North Guthrie Avenue with her two cousins, was killed. Her 15-year-old cousin Destiny Sidberry was babysitting Khloe and another cousin while Brittany Dash, Khloe's mother, was at work.
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Luster is Dash's first cousin. Family members said Luster had been staying with the family as they tried to help him get through his battle with drug addiction.
"He took the best part of me; that was my child, that was the best thing I've ever done in my life," Dash said. "She loved him, so for you to take my baby away from me, you're a coward."
Documents showed that Luster is charged with first-degree murder as well as attempted first-degree murder.
Another document showed Luster also charged with possession of a firearm by a felon.
The document showed Luster committed that offense in February 2010, and he was sentenced to more than four years behind bars.